Maryland SB 355: Criminal Law - Sexual Contact With an Animal

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0355*

SENATE BILL 355
E1, E4 9lr0606
SB 800/18 – JPR CF 9lr0486
By: Senators Lee and Smith
Introduced and read first time: January 31, 2019
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Criminal Law – Sexual Contact With an Animal 2

FOR the purpose of prohibiting a person from engaging in sexual contact with an animal; 3
defining “sexual contact with an animal”; providing that engaging in sexual contact 4
with an animal constitutes a crime of violence; altering the definition of “Tier III sex 5
offender” to include a person who has been convicted of sexual contact with an 6
animal; and generally relating to sexual contact with animals. 7

BY repealing and reenacting, with amendments, 8
Article – Criminal Law 9
Section 10–606 10
Annotated Code of Maryland 11
(2012 Replacement Volume and 2018 Supplement) 12
(As enacted by Chapter 238 of the Acts of the General Assembly of 2018) 13

BY repealing and reenacting, with amendments, 14
Article – Criminal Law 15
Section 14–101(a)(24) and (25) 16
Annotated Code of Maryland 17
(2012 Replacement Volume and 2018 Supplement) 18

BY adding to 19
Article – Criminal Law 20
Section 14–101(a)(26) 21
Annotated Code of Maryland 22
(2012 Replacement Volume and 2018 Supplement) 23

BY repealing and reenacting, without amendments, 24
Article – Criminal Procedure 25
Section 11–701(a) 26
Annotated Code of Maryland 27

2 SENATE BILL 355

(2018 Replacement Volume) 1

BY repealing and reenacting, with amendments, 2
Article – Criminal Procedure 3
Section 11–701(q)(1) 4
Annotated Code of Maryland 5
(2018 Replacement Volume) 6

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8

Article – Criminal Law 9

10–606. 10

(A) (1) IN THIS SECTION, “SEXUAL CONTACT WITH AN ANIMAL” MEANS 11
ANY ACT: 12

(I) INVOLVING: 13

1. A PERSON TOUCHING THE SEX ORGAN OR ANUS OF AN 14
ANIMAL; 15

2. CONTACT BETWEEN: 16

A. THE SEX ORGAN OR ANUS OF A PERSON AND THE 17
MOUTH, SEX ORGAN, OR ANUS OF AN ANIMAL; OR 18

B. THE SEX ORGAN OR ANUS OF AN ANIMAL, AND THE 19
MOUTH, SEX ORGAN, OR ANUS OF A PERSON; OR 20

3. INSERTION OF: 21

A. ANY PART OF THE BODY OF A PERSON INTO THE 22
OPENING OF THE VAGINA OR ANUS OF AN ANIMAL; 23

B. ANY PART OF AN ANIMAL’S BODY INTO THE OPENING 24
OF THE VAGINA OR ANUS OF A PERSON; OR 25

C. ANY OBJECT INTO THE OPENING OF THE VAGINA OR 26
ANUS OF AN ANIMAL; AND 27

(II) COMMITTED FOR THE PURPOSE OF SEXUAL AROUSAL, 28
SEXUAL GRATIFICATION, ABUSE, OR FINANCIAL GAIN. 29

SENATE BILL 355 3

(2) “SEXUAL CONTACT WITH AN ANIMAL” DOES NOT INCLUDE: 1

(I) AN ACCEPTED VETERINARY PRACTICE; 2

(II) ARTIFICIAL INSEMINATION OF AN ANIMAL FOR 3
REPRODUCTIVE PURPOSES; 4

(III) ACCEPTED ANIMAL HUSBANDRY PRACTICES, INCLUDING: 5

1. GROOMING; 6

2. RAISING; 7

3. BREEDING; 8

4. ASSISTING WITH THE BIRTHING PROCESS; OR 9

5. ANY OTHER ACTIVITY THAT PROVIDES CARE FOR AN 10
ANIMAL; OR 11

(IV) GENERALLY ACCEPTED PRACTICES RELATING TO THE 12
JUDGING OF BREED CONFIRMATION. 13

[(a)] (B) A person may not: 14

(1) intentionally: 15

(i) mutilate AN ANIMAL; 16

(ii) torture AN ANIMAL; 17

(iii) cruelly beat AN ANIMAL; [or] 18

(iv) cruelly kill AN ANIMAL; OR 19

(V) ENGAGE IN SEXUAL CONTACT WITH an animal; 20

(2) cause, procure, or authorize an act prohibited under item (1) of this 21
subsection; or 22

(3) except in the case of self–defense, intentionally inflict bodily harm, 23
permanent disability, or death on an animal owned or used by a law enforcement unit. 24

4 SENATE BILL 355

[(b)] (C) (1) A person who violates this section is guilty of the felony of 1
aggravated cruelty to animals and on conviction is subject to imprisonment not exceeding 2
3 years or a fine not exceeding $5,000 or both. 3

(2) As a condition of sentencing, the court may: 4

(i) order a defendant convicted of violating this section to 5
participate in and pay for psychological counseling; and 6

(ii) prohibit a defendant from owning, possessing, or residing with 7
an animal for a specified period of time. 8

14–101. 9

(a) In this section, “crime of violence” means: 10

(24) assault with intent to commit a sexual offense in the first degree; [and] 11

(25) assault with intent to commit a sexual offense in the second degree; 12
AND 13

(26) AGGRAVATED CRUELTY TO ANIMALS UNDER § 10–606 OF THIS 14
ARTICLE. 15

Article – Criminal Procedure 16

11–701. 17

(a) In this subtitle the following words have the meanings indicated. 18

(q) “Tier III sex offender” means a person who has been convicted of: 19

(1) conspiring to commit, attempting to commit, or committing a violation 20
of: 21

(i) § 2–201(a)(4)(viii), (x), or (xi) of the Criminal Law Article; 22

(ii) § 3–303, § 3–304, § 3–307(a)(1) or (2), § 3–309, § 3–310, § 3–311, 23
§ 3–312, § 3–315, § 3–323, [or] § 3–602, OR § 10–606(B)(1)(V) of the Criminal Law Article; 24

(iii) § 3–502 of